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Local News April 25, 2007
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Peddling by permit only; residents must be alert
by JESSICA L. FINCH Associate Editor

On April 16 two men were spotted going around town in a vehicle with the logo "Chef's Choice" selling seafood and steaks , which prompted a complaint to Amherst police.

Not only were they considered suspicious they also didn't have the required solicitors' permit from the town.

There are not many of the permits, which also refer to street peddlers and vendors, on record. Town Clerk Susan Jaros estimates that 15 to 20 permits are purchased each year, usually in the summer.

Soliciting and peddling, involving the selling, bartering or exchanging of property or service, does not pertain to delivery or distribution of newspapers, magazines, political or religious materials.

Non-profit organizations , selling items as a fundraiser, do not need to pay for a permit, but are required to register with the town. Boy Scout or school groups selling items for fundraisers are not considered peddlers.

Jaros said many of the permits issued are for out-of-town solicitors. In town, all ice cream truck vendors must have a permit.

The peddler permit costs $25. If business is being conducted from a vehicle the price is $100. The price of a permit for a junk dealer' is $500.

Jaros said the town has never had a junk dealer's permit requested.

Permits, except the junk dealer's permit, are for 90 days only.

To stop anyone from soliciting at a business or residence, occupants are allowed to post a "peddlers or solicitors are prohibited" sign. The letters on the notice must be at least one-half inch tall and the sign must be placed in a conspicuous location at the entrance of the building.

Once that sign is posted a peddler cannot attempt to enter, ring the doorbell or knock on the door. Any such action is considered trespassing.

According to town code, "Any person ... who has entered upon private property, whether invited or not, shall immediately and peacefully depart there from when requested to do so by any occupant."

Peddlers lacking a permit are subject to a fine of $250 and/or a maximum 15 days in jail.

Many times complaints about peddlers, including the Chef's Choice duo, appear in the police blotter.

From food to vacuums, door-to-door salesmen are spotted around town and reported to police.

Amherst Police Chief John Moslow said more peddlers are around town in the spring and summer.

"When someone applies for a permit we check them out, make sure they don't have any criminal records," he said.

According to Moslow many of the complaints from residents involve salespeople who are pushy, unfriendly or knocking on doors at inappropriate times.

"If they feel someone is suspicious, and isn't taking 'no' for an answer, call the Police Department. We'll check them out," he said.

Moslow added that residents should also beware of anyone trying to look into the house because they could be casing it.

He also warns anyone home alone, especially a woman, to not open the door. If the person continues to talk and refuses to leave, tell them you are calling the police, he said.

The Village of Williamsville grants its own permits. According to village code, "No person, whether on foot or in a vehicle, shall sell, peddle, hawk or vend upon the public streets or other public areas of the village or go from house to house soliciting purchases unless a permit has been first issued by the mayor. The permit shall be produced by the peddler or vendor upon the request of any individual solicited."

In the village all permits expire the first day of June of each year. Also, no person shall engage in solicitation or peddling before 9 a.m. or after 5 p.m. except upon invitation from, or an appointment with, the resident.